Frustrated with Neighbors

[Rammy]

I didnt think about going to the Deeds office. I will do that monday. I was also going to talk to the surveyor and get his two cents on it. I plan on calling a lawyer again and asking him if its an easement, or a right of way, and what my rights are. I want to know every legal aspect of it so if they come and complain, I can say, well, I had it checked out and this is what I have the right to do and you need to tell your kids to stay off my property or I will have them arrested for trespassing.

I was told it is a right of way and that anyone has the right to be on it, utility or civilian. I was told I cannot fence it off or block it.
I will go and ask about it at the places mentioned above and get some more opinions. In the meantime, I plan on putting up some tposts to block it off. I just got home and there is evidence<tire tracks> that there has been someone on it<big suprise>.

Even though I was told its a right of way, I have to maintain it and I consider it my property. Im sure she<neighbor> wouldnt like me riding up and down her side and leaving tire tracks on her grass and eventually killing the grass and flowers she has planted there.

Thanks for the suggestions. I will keep you posted.


Rammy

 

[Rammy]

Quote:
How many posts away?

Ok, so I cant count. But now, Im ONE over!! Yippee. Now, Im overrun with chickens!!!

 

[chickschool]

I don't know what the laws are in your state but in Michigan anything that is state land if fair game to anyone. You can ride snowmobiles, hunt, hike... I know that the kids riding closely to your home would be enough to make me crazy but the fact that their dog comes into your yard would definitely set me over the edge! I have two very big dogs that are invisible fenced and I don't have to worry about anything coming to close to my property line

 

[Sonoran Silkies]

There is a pretty good chance that you can check your deed and plat map online. The plat map should show who owns the land and state what the easements are for. If you are required to maintain the property, it really sounds like it is your land and that whoever owns the road (is that city, county or state?) has an easement--but you need to check to be sure. If you are required to maintain it, then I cannot see how they can prevent you from disallowing others from trashing it by riding through it.

As I said, there are liability issues that will come back to bite the state (or city or county) if they do not prevent kids from recklessly riding their ATVs on it.

Here is a story you might be interested in, but I am CERTINLY not telling you to do anything...
A neighbor lives on a corner, and periodically has problems with people rounding the corner a bit too far and going through their yard, or kids that think its fun to tump her trash can when it's full and out for pickup. Similar things. Well, a few years ago they were doing some remodeling, and their trash barrel was full of broken concrete and concrete blocks (this is a 90 gallon trash barrel). Some kid driving his parents car swerved to deliberately knock over the barrel. OOPS. Car was left inoperable, with a LOT of damage. Fortunately, no one was injured, but boy was there heck to pay from the parents for damaging the car by doing stupid kid stuff.

 

[kla37]

Quote:
Maybe that's exactly what you SHOULD do.

 

[elevan]

Believe me when I say I know all about PITA neighbors.

Definitely put up those no trespassing signs right away.

Someone once told me that if it's not in writing it doesn't count. So make sure when you go to the Deeds office that you get copies of anything that can be of use to you. That way if someone comes out and questions you or objects to anything that you do, you'll have the proof in writing to back what you say or do.

Another saying that struck me when reading this post is "ignorance breeds ignorance" Now what I mean by that is...the people that are telling you that you don't own the property and that if someone gets hurt you can still be sued...to me sounds like that's what they were told and believe to be fact...they will just keep spouting that "fact" over and over and people will tend to believe it cause they are in authority. Hope that makes sense.

Anyway go back to my point of having it in writing. I NEVER believe what people TELL me, I only believe what I can see in legal written documents.

Sounds like your surveyor could be your best friend here. When they survey properties they do a lot of research first and will have already looked at the plat records and other documents. I would go talk to them along with the Deeds Office. After all you paid them to do a job for you and to survey off YOUR land...if it's not your land and they surveyed wrong then they owe you some money back

Next, document everything. Write down dates, times, the who and the what. Find out your state's laws regarding the operation of atv's.

Take your dog for a walk in the easement in front of their property when your dear doggie really has to go #2

If you continue to ALLOW these neighbors to walk all over you they will do so willingly. You need to stand up for your rights. Get all copies in writing before you start a campaign though.

Best of luck to you!

 

[dewey]

Quote:
So the easement is "shared" between the 2 properties? It sounds like that since she has a "her side" of the easement.

It's sounding more and more like a utilities easement, not a state easement. Is there electric lines running along it? Did it used to be an alley that is no longer used by the city/county, etc., and up for grabs 1/2 & 1/2 by each property it sides?

You'd said it was a state easement, if I recall correctly, but do you have any idea what reason the state would have for an easement there? Are there easements between each property out there, or just yours?

Some property we had here had an old easement, aka alley, which was abandoned by the city because trash collection went to another means. The property owners could claim "back" their half of the easement and fence it or do as they pleased.

Another property I had had an easement for the land in back of me. The easement was part of my legally owned plot but I could not block access to it because it would block access to the property behind me. To complicate matters, part of the easement was a utility easement for power lines. In other words, it was my property but no really, lol. I legally fenced both sides of the easement, with a unlocked gate for access for the property behind me and for utility matters. The gate could not be locked. Only utility people or people accessing the property behind me could legally use it. All others were trespassers on my property, and no trespassing signs were posted by me for all others.

A guest of the property renter behind me actually drove more than 20' off the easement, which they knew well, into my property and which was trespassing onto my property, to intentionally and cruelly chase down and run over one of my dogs with their vehicle, which I witnessed, while they laughed and mocked and mimicked my dog's screaming after they ran over it. After that I fenced the inside of my easement for the protection of my children and animals. I trusted the untrustworthy to be respectful as I would, and my dog paid for it.

Another (new) neighbor on the other side of my propery easement tried using it for their dogs, horses, goats, you name it. This created a liability issue for me regarding safe access for the neighbor behind me. So I had to fence it on that side, too, to protect myself. After I fenced it on that side on my property, that (new) side neighbor actually cut down my fencing and removed the fence posts in a crazy frenzy. Good fences make good neighbors but not everyone is reasonable when it comes to abiding by the law, but knowing what's within your property rights is worth its weight in gold when it comes to crazy neighbors.

 

[Rammy]

When I said her side, I ment the section on the opposite side of the property line. If you look at the pics you can see what Im talking about. It is not an alleyway, its the section between the road and my fence. The people who told me it was a right of way and I have no legal ownership of it were the county commissioner and a property lawyer. I think a lawyer who deals with property law should know whether or not I could be sued if the little brats get hurt because I blocked it off.
In fact, I have pics on my game cam of about ten last night looks like the little bleeps rode up the embankment again. I was in bed because I was sooooo tired from work.

I am planning on going to the surveyors office and the deeds office tomorrow and ask them as well as trying to call this one lawyer who has given me lots of advice for free<make note to send pizza> and see what he says. I will also see if I can find something online and look at my copies of the plat from past surveys and see what it says.
Oh, yeah, I have pics where it looks like someone was messing with my camera again last wed around 7pm. Definitley getting those cameras to put up on the house next.


Rammy

 

[Mattemma]

I would put some railroad ties down.Unless ofcourse those just add to the fun of atv riding. I would think it would stop them,but unlike T-posts here and there in concrete they could be moved. I do have posts in 5 gallon buckets that can be moved around.And ofcourse my standby of TALL stinging nettle.A bush with nettle hurts for hours.

I had my property surveyed for a fence and the neighbor never agreed with it. I waited 2 years for them to do their own survey before I put up a fence.Instead they just complained to the fencing company and again my surveyor that they did not agree with it. I still hear neighbors *talking*. It is frustrating because I just wanted to be the good neighbor and not encroach,but instead I am bad because the survey does not match what they want it to match. Ofcourse surveyors make mistakes,and that is why neighbors should do their own instead of just grumble. I would feel better if they did hire one.Now I worry my fence is in the wrong place at times!

I hope you can get this resolved. I will never understand why people don't follow the laws,and try to be considerate of others near them. Shoot,kids will be kids and be loud,but I tend to ask my kids to tone it down for the sake of the neighbors.

 

[greeneggsandham]

Quote:
This what confuses me. Why should you have to maintain something that you don't own? I would start sending a maintenace bill to the county for keeping THEIR property maintained.